The National Industrial Court adjourned the Federal Government’s suit against the Academic Staff Union of Universities (ASUU) until March 28 for a ruling. The claimants— the Federal Government and the Minister of Education—had taken ASUU to court in August 2022 over the strike, seeking interpretation and application of certain provisions of the Trade Dispute Act.
The case, before the court’s president, Justice Benedict Kanyip, was called on Tuesday for a hearing on the defendant’s preliminary objection. Defence counsel Mr. Femi Falana, SAN, informed the court that his reply on a point of law could not be filed at the registry on Monday because of internet problems, and he requested a short adjournment. The judge granted a brief recess until 1:00 p.m. to allow Falana to file the document properly and serve it on the claimants’ counsel.
When the court reconvened, Falana filed a motion dated September 19, 2022, seeking leave for an extension and asking that his reply filed on Tuesday be deemed properly filed. He explained that his preliminary objection was based on the court’s jurisdiction, invoking Order 3, Rule 6 of the Trade Dispute Act. Falana argued that the Minister of Labour and Employment had not followed due process before referring the matter to the court, noting that reconciliation steps were omitted and that the Minister could only approach the court when a trade union’s parties could not resolve their differences.
In response, counsel for the Federal Government and the Minister of Education, J.U.K. Igwe, SAN, contended that Falana’s reply, received only five minutes before the hearing, addressed facts rather than law. Igwe maintained that the authorities cited by Falana were irrelevant and that the defence should have sought leave to file a counter‑affidavit. He affirmed that the National Industrial Court, with its exclusive jurisdiction over industrial matters, was competent to hear the case and that the Minister’s referral was proper under Order 3, Rule 6 of the Trade Dispute Act. Igwe also emphasized the national importance of the issue and urged the court to reject the defence’s objection.
The judge consequently adjourned the matter until March 28 for a ruling. The Minister of Labour and Employment, on behalf of the Federal Government, had referred the case to the court to resolve the strike and interpret specific sections of the Trade Dispute Act. Previously, on September 21, 2022, the court had ordered the defendant to end the strike and return to work. After delivering an interim injunction, the vacation judge returned the file to the court’s president for reassignment and a hearing on the substantive suit.
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